logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.06.14 2016고합63 (1)
일반물건방화
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 9, 2016, the Defendant: (a) around 22:16, at the construction site adjacent to the “D cafeteria” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) at the time, there was a heavy wind, a large number of stores and restaurants in the surrounding areas; and (c) there are many vehicles parked, the Defendant destroyed the public danger by putting 10 seats by putting them up under the construction materials accumulated at the same place using a one-time tool, putting them up, and setting up 810,000 won in total, and 2 market prices of the block mortars.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. On-site photographs and field exploration photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 167 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 201)

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Application of the sentencing criteria [the types of decisions] general criteria for fire prevention, and Type 3 (Setting Fire to General Goods): In cases of mitigation factors (special sentencing factors): In cases where punishment is not imposed or considerable damage is recovered, [the decision in the sphere of recommendation] mitigation area (the scope of recommendation), but not less than 6 months but not more than 1 year;

3. Determination of sentence: A favorable condition is that six months of imprisonment with prison labor acknowledges and reflects a crime, and that an agreement is reached by the owner of a substitute seat, etc. to pay 8.10,000 won as compensation for damage, and that the amount of damage caused by a crime is not significant;

However, fire prevention is a crime that may cause damage to an unqualified life and property, and the defendant has a great social harm. On November 19, 2015, the defendant was sentenced to imprisonment with prison labor for 2 years and 6 months, and for 3 years of suspended execution as he was sentenced by the Daejeon District Court on the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Daejeon District Court on November 19, 2015, and committed the crime of this case without being aware of it even during the suspended execution period.

In addition to the above circumstances.

arrow